Pharmaceutical Research and Manufacturers of America et al v. Sandoval et al

Filing 88

ORDER Granting 87 Stipulation for Extension of Time re 86 Motion for Leave to File Document (First Request). Responses due by 5/24/2018. Signed by Magistrate Judge Carl W. Hoffman on 5/18/2018. (Copies have been distributed pursuant to the NEF - MR)

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Case 2:17-cv-02315-JCM-CWH Document 87 Filed 05/16/18 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Pat Lundvall (NSBN 3761) McDONALD CARANO LLP 2300 West Sahara Avenue, Suite 1200 Las Vegas, NV 89102 Telephone: (702) 873-4100 lundvall@mcdonaldcarano.com Robert N. Weiner Admitted Pro Hac Vice Jeffrey L. Handwerker Admitted Pro Hac Vice R. Stanton Jones Admitted Pro Hac Vice ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Avenue, NW Washington, DC 20001 Telephone: (202) 942-5000 robert.weiner@apks.com jeffrey.handwerker@apks.com stanton.jones@apks.com Attorneys for Plaintiffs Pharmaceutical Research and Manufacturers of America and Biotechnology Innovation Organization 15 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 16 17 18 19 PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA and BIOTECHNOLOGY INNOVATION ORGANIZATION, Plaintiffs, 20 21 22 23 24 25 26 27 28 Case No.: 2:17-cv-02315-JCM-CWH STIPULATION AND ORDER (First Request) vs. BRIAN SANDOVAL, in his official capacity as Governor of the State of Nevada; RICHARD WHITLEY, in his official capacity as Director of the Nevada Department for Health and Human Services; and the NEVADA LEGISLATURE, Defendants. Plaintiffs Pharmaceutical Research and Manufacturers of America (“PhRMA”) and Biotechnology Innovation Organization (“BIO”) (together, “Plaintiffs”), and Defendants Brian Case 2:17-cv-02315-JCM-CWH Document 87 Filed 05/16/18 Page 2 of 3 1 Sandoval, in his official capacity as Governor of the State of Nevada, Richard Whitley, in his official 2 capacity as Director of the Nevada Department of Health and Human Services (collectively the 3 “State”), and the Nevada Legislature (the “Legislature”), stipulate and agree as follows: 4 On September 1, 2017, Plaintiffs commenced this action seeking declaratory and injunctive 5 relief pursuant to 42 U.S.C. § 1983, concerning Nevada Senate Bill No. 539 (“SB 539”). Plaintiffs 6 and the Legislature have filed cross-motions for summary judgment, and those cross-motions are 7 presently pending before the Court. The Legislature recently filed a Motion for Leave to Supplement 8 the Summary Judgment Record (the “Motion”). Ecf. no. 86. Plaintiffs’ response to that Motion is 9 currently due May 17, 2018. Plaintiffs, the State and the Legislature agree to an extension of time 10 from May 17, 2018 to May 24, 2018 for Plaintiffs to respond to that Motion. 11 This extension is not sought for delay. This extension is a first request. The Motion seeks 12 to supplement the summary judgment record with proposed regulations implementing SB 539. On 13 May 16, 2018, the Legislative Commission of the Nevada Legislature is holding a meeting to 14 consider the proposed regulations. The outcome of that meeting may have a bearing both on the 15 content of and timing of completion for the regulatory process. Plaintiffs thus seek this one-week 16 extension to May 24, 2018 to enable Plaintiffs to consider any impact the May 16 hearing may have 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Page 2 Case 2:17-cv-02315-JCM-CWH Document 87 Filed 05/16/18 Page 3 of 3 1 on the proposed regulations before submitting their response to the Legislature’s Motion. 2 Presented by: 3 4 5 6 /s/ Pat Lundvall Pat Lundvall (NSBN 3761) McDONALD CARANO LLP 2300 West Sahara Avenue, Suite 1200 Las Vegas, Nevada 89102 Telephone: (702) 873-4100 lundvall@mcdonaldcarano.com /s/ Linda C. Anderson Linda C. Anderson (NSBN 4090) Nevada Attorney General’s Office 555 E. Washington Ave. Suite 3900 Las Vegas, NV 89101 Telephone: (702) 486-3077 landerson@ag.nv.gov Attorney for Defendants Brian Sandoval and Richard Whitley Robert N. Weiner Jeffrey L. Handwerker R. Stanton Jones ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Avenue, NW Washington, DC 20001 Telephone: (202) 942-5000 /s/ Kevin C. Powers Kevin C. Powers (NSBN 6781) Chief Litigation Counsel Nevada Legislative Counsel Bureau, Legal Division 401 S. Carson Street Carson City, Nevada 89701 Telephone: (775) 684-6830 kpowers@lcb.state.nv.us 7 8 9 10 11 12 13 Attorneys for Plaintiffs Pharmaceutical Research and Manufacturers of America and Biotechnology Innovation Organization Attorney for Defendant Nevada Legislature 14 15 It is SO ORDERED this 18 day of May , 2018. 16 17 18 United States District Judge UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 Page 3

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